The organization must maintain documented information about its legal and other requirements and ensure that it is updated to reflect changes. Finally, it is also important to mention the wording of section 9.3 of both standards, which refers to management review. This requires regular management review of the overall management system, particularly with regard to compliance obligations/legal requirements and compliance assurance. In addition to locations, regional and company-wide managers also need to have insight into their company`s compliance status. Compliance obligations are much more than just regulatory requirements, although they typically make up the bulk of the legal registry. Mandatory legal requirements relating to the environmental aspects of an organization may include: To reinforce the above point, a well-maintained and organized legal registry helps an organization meet all compliance requirements in current environmental management system standards, including ISO 14001 and ISO 50001. With respect to health and safety, ISO 45001 requires organizations to establish, implement and maintain a process for identifying and accessing legal and other requirements that apply to them. In order to keep this information up to date, the organization must ensure that these applicable legal requirements are taken into account when establishing, implementing and maintaining its occupational health and safety management system. A legal registry is a form of document or system that describes in detail the legislation that an organization must comply with as a result of the activities it carries out. The legal register can only contain laws of a certain type, such as environmental or health and safety regulations. The range of applicable laws can vary considerably depending on the type and size of an organization and the industry in which it operates, as well as its location. Laws are published daily by the government through new laws and regulations, in addition to existing laws that are amended, repealed or repealed.
Maintaining a legal registry, either automatically through a subscription service or manually, provides the organization with important updates to legislation, which may mean making changes to practices to ensure they remain compliant. As you can see, the term „legal register“ is not used in the standards themselves. In fact, the two standards differ in the language they use, with ISO 14001 using „compliance obligations“ and ISO 45001 using „legal and other requirements“. However, the term „legal registry“ has become the standard terminology for standard requirements. This is certainly one of the best ways for an organization to maintain documented information on its compliance obligations and to help it meet the requirements of section 6.1.3. What do the standards actually require organizations to do for this clause? Simply put, a company must have a process in place that identifies them and gives them access to applicable regulations based on the activities they perform. This must be kept up to date and taken into account throughout the management system. This corresponds to a legal register! The legal register should not be isolated – it is not an isolated document. Review the registry and look for ways to ensure it is linked to other key elements of the standard: stakeholders, environmental aspects, objectives, operational controls, training and communication, to name a few. Environmental aspects and compliance obligations (legal register) are fundamental elements of the EMS and your attention and verification of both are essential to the success of an EMS. The legal registry becomes an important resource for an organization to determine what it needs to do to ensure compliance.
The alternative would be to look for relevant legislation whenever a problem arises, which would be time-consuming and ineffective. It would also be unclear whether the legislation obtained by searching the Internet was the latest version or whether it had been superseded by other rules. What`s interesting is that the term „legal registry“ is not mentioned anywhere in the standards – it has just become the overarching standard term for what these provisions require. We`ll be back! Laws are constantly changing and evolving. Legal language is very often a quagmire of references, cross-references, legal phrases and obscure definitions. If you don`t see how environmental aspects fit into compliance obligations, there`s still work to be done. If the conformity assessment does not effectively assess compliance with the obligations listed in the legal register, there is a gap. If no process is in place to meet compliance requirements, compliance cannot be ensured.
If compliance obligations are not included in management`s review, management misses important information. All these processes should contribute to continuous improvement. Finally, while there is no procedure for transmitting information in the legal register, there is a significant gap in support for staff responsible for implementing the EMS. ISO 45001: Section 6.1.3 Determination of legal and other requirements Section 6.1.3 of ISO 14001 (2015) on environmental management systems states that organizations must identify and have access to the legal (and other) requirements they must meet and understand how these „compliance obligations“ apply to the organization. It is important that there is also a requirement to keep documented information about them. „The organization shall establish, implement, maintain and have access to a process for identifying and accessing current legal and other requirements that apply to its hazards, occupational health and safety risks and occupational health and safety management system, determine how these legal and other requirements apply to the organization, and what must be communicated, these legal requirements and other requirements at the time of establishment consider the implementation, maintenance and continuous improvement of the occupational health and safety management system. For more information on what exactly a legal registry is and why your organization needs one, check out our short webinar. Section 9.1.2 of both standards refers to conformity assessment. The keywords or phrases in these sections refer to a „process“ of „assessment“ of conformity.